Jay Hind Mining And Infrastructure Pvt Ltd v. The Chief Commissioner Of Gst And Central Excise

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 1046 of 2022 Jai Hind Mining and Infrastructure Pvt. Ltd.

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Petitioner Mr. Jagamohan Pattnaik, Advocate -versusThe Chief Commissioner of GST & Central Excise, Central Revenue Building, Bhubaneswar & Others ....

Opposite Parties Mr. Radheshyam Chimanka, Sr. Standing Counsel for IT Department Mr. Susanta Kumar Pradhan, ASC for GST

CORAM:

THE CHIEF JUSTICE JUSTICE M. S. RAMAN Order No.

ORDER

02.11.2022 01.

1. Mr. R. S. Chimanka, learned Senior Standing Counsel for Opposite Parties appearing on an advance notice states that as long as delay in filing the revocation application is condoned, and provided the Petitioner complies with all the requirements of paying the taxes, interest, late fee, penalty etc. due, the 3B Return Form filed by the Petitioner will be accepted by the Opposite Parties.

2. In that view of the matter, the delay in Petitioner's invoking the proviso to Rule 23 of the Central Goods and Services Tax Rules (CGST Rules) is condoned and it is directed that subject to the Petitioner depositing all the taxes, interest, late fee, penalty etc. due

and complying with other formalities, the Petitioner's application for revocation will be considered in accordance with law.

3. Certified copy of this order will be produced by the Petitioner before the proper officer, and subject to the Petitioner complying with the above conditions, the proper office will open the portal to enable the Petitioner to file the GST return.

4. The writ petition is disposed of in the above terms.

5. An urgent certified copy of this order be issued as per rules. (Dr. S. Muralidhar) Chief Justice (M. S. Raman) Judge MRS/Laxmikant